Municipalities

Public Park and Field Users Beware: Commonwealth Court Affirms Governmental Immunity

March 17, 2010

By: Andrew D.H. Rau In a recent case involving a broken ankle suffered during a flag football game in Philadelphia’s Fairmount Park, the Commonwealth Court has broadly construed governmental immunity from certain lawsuits. In Davis v. City of Philadelphia, the Court found that the Recreational Use of Land and Water Act (RULWA) protected the …

DEP Employees Found Unprotected by Sovereign Immunity

March 16, 2010

By Amanda Sundquist

By: Amanda Sundquist In an unusual verdict, a jury for the United States District Court for the Eastern District of Pennsylvania, in MFS, Inc. v Dilazaro, has found four Pennsylvania Department of Environmental Protection employees individually liable for $6.5 million dollars in damages. Typically, government workers are protected by the doctrine of …

Doing Business with Local Governments in Pennsylvania

March 15, 2010

By UTBF

Selling to and purchasing for local governments in Pennsylvania poses unique challenges because local government in Pennsylvania is very local. The Brookings Institution has calculated that Pennsylvania has 2,566 municipalities: 56 cities; 962 boroughs; 91 first class townships, and; 1,457 second class townships. This does not include Pennsylvania’s 501 school districts, …

New Earned Income Tax Consolidation Resources

January 18, 2010

By Amanda Sundquist

By: Amanda J. Sundquist The Department of Community and Economic Development has released its report “Earned Income Tax Consolidation Best Practices Report.” This resource may be helpful to school districts and municipalities which are navigating through the consolidation of the earned income tax collection system. For assistance utilizing information in the Report or …

Are Public Parks Permanent? Courts and Local Governments Grapple with Issues

January 8, 2010

By UTBF

Despite attempts by the City of Philadelphia and Fox Chase Cancer Center to make alternate use of a portion of Fairmont Park, their efforts have failed to date based upon a recent decision reached by the Pennsylvania Commonwealth Court. In In Re Estate of Ryerss, -A.2d – (Pa. Commw. Ct. 2009), the City of Philadelphia …

Cell Towers: Municipalities Now on the Clock

December 23, 2009

By Andrew Rau

By: Andrew D.H. Rau How fast does a local government have to move in processing a cell tower application? A new federal regulatory order attempts to speed the process. On November 19, 2009 the Federal Communications Commission issued an order that will impact municipalities and cell tower providers across the country. Known as the …

Developers Paying Tapping Fees Should Be Aware of the Time Limit To Challenge Fee Calculations

December 16, 2009

By Amanda Sundquist

By: Amanda J. Sundquist In Harleysville Homestead, Inc. v. Lower Salford Township Authority, 980 A.2d 749 (Pa. Commw. Ct. 2009), a residential developer applied to the authority to secure public sanitary sewer service for its development. The developer and the authority entered into an agreement for the construction of sewer lines, under which the …

Is a Defective Ordinance Always Ineffective?

December 3, 2009

By UTBF

Is a defective ordinance always ineffective? It all depends, according to a new decision of the Commonwealth Court. In Hawk v. the Eldred Township Board of Supervisors, —A.2d—(Pa. Commw. Ct. 2009), the Pennsylvania Commonwealth Court discussed Section 5571.1 of the Judicial Code as well as related changes to Section 1002-A (b) of the Municipalities Planning …

Constitutional Right of Privacy v. Right-to-Know Law Round One – Privacy Rights Win

September 25, 2009

By UTBF

The Pennsylvania State Education Association and employees recently sought a preliminary injunction against the Pennsylvania Office of Open Records to prevent the disclosure of their home addresses pursuant to the Right-to-Know Law. In a recent Order and Opinion, the Pennsylvania Commonwealth Court has determined that public school employees’ privacy interest in their home addresses outweighs …

Plan Opposition By Board of Supervisors Members

September 24, 2009

By Amanda Sundquist

By: Amanda J. Sundquist In ,Crandell v. Pennsbury Township Board of Supervisors, et al. — A.2d — (Pa. Commw. Ct. 2009), the Commonwealth Court addressed public opposition to a plan by a Township Board of Supervisors member. Fenton, a resident who ultimately became a board member, formed a group to oppose a developer’s plans. …

We Listen.

Public Park and Field Users Beware: Commonwealth Court Affirms Governmental Immunity

DEP Employees Found Unprotected by Sovereign Immunity

Doing Business with Local Governments in Pennsylvania

New Earned Income Tax Consolidation Resources

Are Public Parks Permanent? Courts and Local Governments Grapple with Issues

Cell Towers: Municipalities Now on the Clock

Developers Paying Tapping Fees Should Be Aware of the Time Limit To Challenge Fee Calculations

Is a Defective Ordinance Always Ineffective?

Constitutional Right of Privacy v. Right-to-Know Law Round One – Privacy Rights Win

Plan Opposition By Board of Supervisors Members

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